NEWS

Last October and November I wrote extensively about the changes that were made to the Citizenship Act by the Liberal government. The most important change came into effect on October 11, 2017 when eligible applicants who had been physically present in Canada to three years could now apply for citizenship. Subsequently Immigration, Refugees and Citizenship Canada received received than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change.

However, these were not the last changes and some important changes have come into effect in 2018. These changes include:1- Change in Citizenship Revocation Process Those who obtain Canadian citizenship by naturalization may have their citizenship revoked in a number of circumstances. These include if they obtained their citizenship by:a- making false representations in their applicationb- committing fraud (either in your application for permanent residence or citizenship)c- knowingly concealing material circumstances

In addition, Canadian citizenship of those who are either convicted of terrorism, treason, or spying offences, and those who have served as a member of an armed group may also be revoked.

Prior to January 11, 2018 the decision to revoke a person's citizenship was made by the Minister of Immigration. This was deemed to be unfair by a decision of the Federal Court in May 2017 which struck down the revocation decisions that had been made because they deemed that the process had not been fair. However, as of January 11 the process for revoking the citizenship of an individual has changed significantly and individuals whose case is subject to possible revocation have the choice to either have their case heard and decided by the Federal Court, or to request that the Minister of Immigration decide the case.

The Federal Court is an independent judicial body that will be able to hear submissions from the individual as well as the government representative before making a final determination on the revocation of citizenship. This is intended to increase the fairness of the process by giving individuals the opportunity to present their case and defend themselves before an independent decision-maker. Even in cases where the individual asks for the Minister to decide the case, they still have the option to seek leave to judicially review the Minister's decision at the Federal Court.

Revocation is an extreme remedy and is usually the final step in the investigation process. Usually investigations are conducted by the RCMP and the CBSA to determine if there is a basis for revocation. If they find that there is evidence to support a revocation proceeding the individual will receive notice that revocation proceedings are being commenced. Revocation of Canadian citizenship is a very serious matter with grave consequences on an individuals' life and future. Depending on the basis for the revocation, the individual may lose his or her citizenship and may also lose his or her permanent residence and face removal from Canada. Even with the added protection of Federal Court proceedings, if a person is facing a revocation of citizenship it is vital to seek legal advice to immediately.

2- Changes to citizenship applications for minorsThe changes in the Citizenship Act introduced last year allowed minors (those under the age of 18 years) to apply for a grant of citizenship on their own behalf. This made it easier for minors to apply for citizenship on their own behalf rather than having to rely on a parent or guardian to apply for them.

​The application fee for minors applying with their parents was $100 but if they were applying by themselves it was $530. However, there is good news for the minors applying for themselves: as of February 16, 2018, IRCC has reduced the application fee for minors applying by themselves from $530 to $100 to ensure that there is no difference in the fee paid for a grant of citizenship by minors irrespective of the process that they use. The government has committed to reimbursing the $430 to all applications who applied between June 19, 2017 and February 16, 2018 and will start contacting applicants directly to start the refund process.

Canada's Foreign Caregiver Program is up in the air after Immigration, Refugees and Citizenship Canada (IRCC) announced some unexpected news on February 5, 2018. Canada currently has two streams for you to hire a Foreign caregiver: “Caring for Children Program” and “Caring for People with High Medical Needs”. Under each of these programs, the foreign workers have a possible path to permanent residence if they were able to work in Canada for at least two years and meet other language and educational criteria. On February 5 IRCC announced that these two pathways to permanent residence will stop accepting applications on November 29, 2019 and that anyone who does not have at least two years of work experience by that date will not be able to apply for permanent residence.

The latest version of the Foreign caregiver programs was introduced in 2014 as a five year pilot program. As a result the previous Live-in Caregiver Program, and its requirement for the caregiver to live in the home of his or her employer, was abolished. In the 2014 changes IRCC created two streams to differentiate between the needs of those requiring care: children and those with high medical needs. The hiring process became much more difficult and time consuming and anyone wanting to hire a foreign caregiver must apply for and obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) before applying for the caregiver's work permit. As part of this application you have to demonstrate that you have sufficient income to support the foreign caregiver and must also provide proof of the existence of those requiring care: birth certificates, medical documents, etc.

The 2014 changes also meant that in order for these caregivers to apply for permanent residence they now had to have at least a one-year post-secondary degree and official language test results. As a result of these changes the number of caregivers applying for permanent residence had declined significantly from an average of over 10,000 a year in years 2006 to 2014 to just under 2,000 in the three years after the changes were made in 2014.

The tradition of allowing caregivers to come to Canada, particularly for the care of children, dates back more than a century when nursemaids and governesses were brought over from Europe to help care for children. And over the past several decades Canada has had different variations on the foreign caregiver program to allow families to have the assistance they need. There is still a great need in Canada for caregivers, particularly in suburban areas where other daycare options are limited or for families where both parents work or have unusual working hours.

Finding caregivers, particularly those willing to work flexible or unusual hours needed by Canadian families is difficult. There are in-Canada options for caregivers but often times they are unable or unwilling to work the hours required by Canadian families. In addition, given Canada's ageing population, demand for caregivers for high medical needs seniors will continue to rise. This is all the more reason that the latest news from IRCC has caused considerable panic for families that rely on these caregivers as well as for caregivers. Given how difficult the process is and how long it takes, families are worried that they will not be able to find caregivers to assist them. And many questions remain: what will the program look like in the future? Will Canada continue to allow foreign caregivers to come to assist in looking after our children and elderly? Will those foreign workers have a path to permanent residence?

All these questions led to one quick response from the Minister of Immigration. Minister Hussen took to Twitter to state: “Let us be clear. Our government is committed to family reunification. There are & will always be a pathway to PR for caregivers under our govt. These two 5 year pilot programs are undergoing an assessment to determine improvements to allow better access to PR for caregivers. ” We will have to wait and see how IRCC will reshape the program and deal with the shortcomings of past programs.

I wrote last week about the increase in the number of visitor visas being issued by Canada over the past three years. These include visas for tourists, those coming to visit family members as well as business visitors, all of whom receive with the same “visitor visa”. Being new to the Canadian legal system many visitors have questions about what they can do as visitors in Canada and the limitations on their visas. While each case is unique, below are the top 5 questions I am frequently asked by visitors to Canada.

1- Should I buy travel insurance? YES! One of the key criteria in assessing your visitor visa application is your financial ability (as well as the ability of any person inviting you) to pay any expenses related to your trip. This is because visitors are not permitted to use public services in Canada such as free health care. As a visitor to Canada you will not be covered by the public health insurance system and must either have private health coverage or pay for the medical coverage you receive from a doctor or hospital. You should look into getting emergency travel insurance and speak with an experienced insurance broker in Canada to find the best possible insurance plan before you travel to Canada.

2- How long can I remain in Canada with a visitor visa? Typically when you enter Canada you will be allowed to remain for up to 6 months. In some circumstances, if the officer at the border determines that you should leave Canada before 6 months he or she may determine an earlier departure date. If they require you to leave earlier than 6 months the departure date will be written on the Canada date stamp in your passport.

If you need to remain in Canada beyond 6 months, we may be able to apply to extend your stay. We will need to prove why you need to remain longer and also that you have the financial resources to cover any expenses in the remaining time you will be in Canada. It is very important to carefully keep track of the dates that you travel to Canada and ensure that you depart before the end of your visa. Remaining beyond the validity of your visa may make you inadmissible for future entry or in future applications for visas or permanent residence. In instances where someone has overstayed their visa and lost their legal status they should consult an experienced lawyer immediately to find out how they can restore their status. It will be crucial to act quickly because the window of opportunity to restore your legal status is very limited and once it is gone things will undoubtedly become much more complicated.

I am sometimes asked if it is possible to get around the 6 month deadline by exiting Canada and re-entering Canada a few days or weeks later if you hold a multiple entry visitor visa. While there is nothing in the Immigration laws and regulations that prevents a person from re-entering with a visitor visa you should be mindful that every time you enter Canada your eligibility is checked and reaffirmed by the border officer. You must be able to convince the officer as to the purpose of your trip, your ability to support yourself and that you are a genuine visitor and not someone who is living in Canada with a visitor visa. The border officer can ask to see proof of your ongoing eligibility as a visitor and will likely do so if your pattern of travel gives rise to a suspicion that you are not visiting for a short period but rather intending to effectively live in Canada.

3- Can I study or work while I am in Canada with a visitor visa? NO! When you receive a visitor visa you are only allowed to visit and cannot study or work in Canada. Visitor visas are intended for those who are traveling to Canada for a short period of time and are not intended for someone who wants to remain in Canada for long periods of time. As such you are not permitted to study or work with a visitor visa. The only exemption to this rule is if you want to participate in a short-term course of study that is less than 6 months in duration. In such a case you do not require a study permit and can participate in the course with your visitor visa.

A continuation of this question is: can I turn my visitor visa to a study visa or work visa? There is no automatic mechanism to convert a visitor visa to a study or work visa. In order to obtain either a study or work visa you will need to meet all the requirements for those visas (e.g. have an acceptance from a college or university or have a valid job offer from a Canadian employer) and generally need to apply for the visa from outside of Canada. If you are from a country that requires fingerprints, you will need to travel outside of Canada to provide your fingerprints (even if you previously provided fingerprints as part of your visitor visa application).

4- Can my visitor visa become a permanent residence status if I buy a house, have a child born in Canada or live here for a period of time? NO! In order to become a permanent resident you have to meet the criteria for one of the immigration programs in Canada. There are no limitations on who can buy property in Canada, although some areas such as Ontario and British Columbia now have additional taxes for non-residents due to the perceived effect of foreign buyers on rising home prices. However, Canada does not grant permanent residence to anyone who chooses to buy property in Canada. It is also true that Canada generally grants citizenship to children born in Canada, irrespective of their parents' visa status. However, the grant of citizenship to a child does not bring any additional rights for other family members to remain in Canada or qualify for permanent residence.

A modified version of this question is: Can my visitor visa status become a work permit if I set up or purchase a business in Canada? In some cases, the answer may be yes depending on your circumstances, your prior experience that would be of benefit in developing the business in Canada and how that business can benefit Canada. It is important to note that if you are able to do this you will obtain a work permit and if you wish to remain in Canada permanently you will still need to qualify under one of Canada's immigration programs.

5- What are your options for becoming a permanent residence? The answer depends on your unique circumstances and whether you are able to meet the requirements of one of Canada's current immigration programs. These programs include, but are not limited to: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Start-up Visa Program, Self-employed Program, Caregiver Classes, Provincial Nominee Programs or Quebec Selected Immigrant. Each of these programs has different requirements in terms of education, experience, language ability and so on that you must meet in order to qualify.

And remember while a permanent residence application is separate from your visitor application, the information you provided in your visitor visa application is part of your immigration record. If you “simplified” information or chose not to provide certain information as part of your visitor visa application, such as not declaring your education, work history or family members, then you may be at risk of a finding of misrepresentation. A finding of misrepresentation can lead to the canceling of your visitor visa, removal from Canada and a ban on you being able to submit an application for visa or permanent residence for a number of years. You should consult with an experienced immigration lawyer to assess your situation and determine the steps you need to take to rectify any mistakes that may have been previously made.

According to the latest information released by Tourism Toronto, the number of visitors to the Toronto region in 2017 exceeded all previous records and was an exceptional year for the tourism industry. The Toronto region alone hosted more than 40 million visitors in 2017 which resulted in more than $8 billion dollars generated in the local economy in 2017 and the creation of at least thousands of jobs in the region.

Where are these new visitors coming from and how has Canada's changing visa policies affected the growing tourism industry, not just in Toronto but across the whole country? In 2017 Canada introduced its New Tourism Vision with three clear goals:

to become one of the Top Ten most visited countries in the world by 2025.

​Increase the number of international overnight visits to Canada by 30 per cent by 2021.

Double the number of tourists from China by 2021.

In order to achieve these goals, Canada has been increasing marketing efforts worldwide, including marketing programs aimed at Americans and millenials. In addition, there are focused efforts to attract visitors from China which is one of most lucrative source of visitors. In fact 2018 has been named as the “Canada-China Year of Tourism” in the hope of meeting the goal of doubling tourists from China over the next three years.

The other requirement in order to meet these goals is to increase access to the country. Canada has taken steps to lift visa requirements from more countries: for example as of 2017 Mexicans can travel to Canada without a visa. The electronic Travel Authorization (eTA) program has been expanded that allow easy processing and tracking of visitors from visa exempt countries. In addition Canada is growing its network of visa application centres (VACs) that take in visitor visa applications around the world: in China alone the they are opening 7 new VACs to process even more applications.

Increased access to Canada has also been made possible by Canada's decision to issue multiple-entry visas beginning in 2014 that are valid for the duration of your passport. In countries where passports are valid for 10 years that means the visitor can make repeat trips to Canada over the course of a decade. All of these visa measures have resulted in increased number of visitor visas being issued than ever before and in 2016 Canada issued 1,261,515 multiple entry visas. And while Chinese applicants received the most visas (350,949 in 2016), the other countries rounding out the top five are India (148,109), Brazil (61,546), Philipines (34,946) and Iran (16,754). It is also interesting to note that these figures have increased dramatically over the last few years: for example the number of visas issued to Iranians more than doubled from 7,780 in 2014 to 16,754 in 2016.

However, the increased number of visa applications has not gone unnoticed and Canada's immigration authorities are becoming aware of potential problems such as increased fraud in applying for a visitor visa or using your visitor visa to circumvent immigration laws. When a person applies for a visitor visa they have to demonstrate that they have the necessary financial means and that they have strong connections to their home country and will be leaving Canada after their short stay. While the number of investigations has not yet been released by Canada's Immigration authorities, the submission of fraudulent bank letters, title deeds and work documents has lead to a slowing of visa applications and a greater number of refusals. For example the current average processing time for a visitor application in the Ankara visa office is now more than 100 days where as it was previously only a few weeks. Therefore visa offices around the world are now taking extra precautions in reviewing applications and issuing visitor visas.

​I am contacted everyday by people who have travelled to visit Canada with questions about what they are permitted to do as visitors and what options are available to them in order to apply for immigration and make Canada their home. Over the next few weeks I will be writing more about this topic and the important factors you have to consider in applying for a visitor visa, your duties, obligations and rights as a visitor, and whether you may be able to apply for immigration.

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.